Terms of Use

NOTE: THESE TERMS OF USE CONTAIN A MANDATORY ARBITRATION PROVISION. YOU CAN READ MORE ABOUT THIS IN THE SECTION TITLED “ARBITRATION.”

Last Modified: August 16, 2023

Acceptance of the Terms of Use

These terms of use are entered into by and between You and BuildrFi, Inc. (“Company”, “we”, or “us”). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these “Terms of Use”), govern your access to and use of www.buildrfi.com, and any of its subdomains, including any content, functionality, and services offered on or through such site, our proprietary platform, and/or related mobile application (collectively, the “Website”), whether as a guest or a registered user. These Terms of Use will be effective as of the date that you click “I have read and agree”. PLEASE READ THE TERMS OF USE CAREFULLY. BY CLICKING “I ACCEPT” AND USING THE SITES, YOU AGREE TO BE BOUND AND ABIDE BY THE TERMS SET FORTH HEREIN AND OUR PRIVACY POLICY FOUND AT https://www.buildrfi.com/privacy (THE “PRIVACY POLICY”), WHICH IS INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT WISH TO BE BOUND BY THE TERMS OF SERVICE OR PRIVACY POLICY, YOU MAY NOT USE THE SITES. This Website is offered and available to users who are eighteen (18) years of age or older, and reside in the United States or any of its territories. By using this Website, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.

Our Intellectual Property Rights

The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video and audio, and any templates, tools, or forms, and the design, selection, and arrangement thereof), are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.These Terms of Use permit you to use the Website for your individual, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Website. You must not: (i) modify copies of any materials from the Website; (ii) delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from the Website; or (iii) access or use for any commercial purposes any part of the Website or any services or materials available through the Website. For purposes of clarity, prohibited commercial uses shall not include satisfying the terms of any commercial agreement entered into between you and the Company.[...The subsequent sections remain the same...]

Trademarks

The Company name, the term “BuildrFi”, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.

Prohibited Uses

You may use the Website, www.buildrfi.com, only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website:

In any way that violates any applicable federal, state, local or international law or regulation. For the purpose of exploiting, harming, or attempting to exploit or harm any third parties by exposing them to inappropriate content, asking for personally identifiable information or otherwise.

To send, knowingly receive, upload, download, use, or re-use any material that does not comply with the Content Standards detailed below. To impersonate or attempt to impersonate BuildrFi, Inc., a BuildrFi, Inc. employee, another user, or any other person or entity.

To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website, or which, as determined by us, may harm BuildrFi, Inc. or users of the Website or expose them to liability.

Additionally, you agree not to:

Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Website.

Use any robot, spider, or other automatic device to access the Website for unauthorized purposes, including monitoring or copying material on the Website.

Introduce any malicious or harmful technological elements, like viruses.

Attempt unauthorized access to the Website or connected systems and networks.

User-Provided Materials

All User-Provided Materials you post on www.buildrfi.com must adhere to the Content Standards listed below. By providing User-Provided Materials on the Website, you grant BuildrFi, Inc., its affiliates, and service providers, and their respective successors the right to use and share such materials for any purpose. You acknowledge that you, not BuildrFi, Inc., bear the responsibility for any content you provide, including its legality and appropriateness. BuildrFi, Inc. is not responsible for the content's accuracy or its implications.

We are not responsible, or liable to any third party, for the content or accuracy of any User-Provided Materials posted by you or any other user of the Website.

Monitoring and Enforcement; Termination

We have the right to:

Remove or refuse to post any User-Provided Materials for any or no reason in our sole discretion. Take any action with respect to any User-Provided Materials that we deem necessary or appropriate in our sole discretion, including if we believe that such User-Provided Materials violates the Terms of Use, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Website or the public or could create liability for the Company.

Disclose your identity or other information about you to any third party who claims that material posted or otherwise provided by you violates their rights, including their intellectual property rights or their right to privacy.

Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.Terminate or suspend your access to all or part of the Website for any or no reason, including without limitation, any violation of these Terms of Use or the terms of any other commercial agreement you have entered into with Company.

Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website.

YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY/ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER THE COMPANY/SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES. However, we do not undertake to review all material before it is posted on the Website, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

Content Standards

Any User-Provided Materials you provide must, in their entirety, comply with all applicable federal, state, local and international laws and regulations. In addition, the content standards set forth below (“Content Standards”) apply to any and all User-Provided Materials.

Without limiting the foregoing, User-Provided Materials must not:

Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.

Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.

Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person.

Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy.

Contain false, untrue or misleading information or otherwise be likely to deceive any person.

Promote any illegal activity, or advocate, promote or assist any unlawful act.

Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person. Impersonate any person, or misrepresent your identity or affiliation with any person or organization.

Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising.

Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

In the event that we determine, in our sole discretion, that you are violating any of the Content Standards, we reserve the right to remove any applicable User-Provided Materials, and/or terminate your access to the Website. In the event we determine that you are repeatedly infringing the copyrights of any third parties your account will be terminated and your continued access to the Website will be denied in accordance with the Digital Millennium Copyright Act (“DMCA”).

Copyright Infringement

If you believe that any User-Provided Materials violate your copyright, you may submit a notification pursuant to the DMCA by providing us with the following information in writing (collectively, a “Notice”) (see 17 U.S.C 512(c)(3) for further details): an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright’s interests; a description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work; identification of the URL or other specific location on the Sites where the material that you claim is infringing is located; your address, telephone number, and email address; a statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. All Notices must be sent to our copyright agent via email at support@buildrfi.com.

Reliance on Information Posted

The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents. This Website [may include/includes] content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

Purchases, Commercial Transactions and Other Terms and Conditions

All purchases and other commercial transactions through our site or other transactions for the sale of goods, services or information formed through the Website or as a result of visits made by you are governed by our Master Contractor Agreement, Merchant Supplier Agreement, Partner Supplier Agreement, Program Rules, and/or any other contracts incorporated thereunder, which you must separately enter into with BuildrFi, Inc. (each, a “Commercial Agreement”). To the extent the terms of any such Commercial Agreement conflict with these Terms of Use, the terms of the Commercial Agreement shall prevail with respect thereto.

Links from the Website

If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in blog posts, other informational content, and advertisements. BuildrFi, Inc. has no control over the contents of those sites or resources, and accepts no responsibility for them. If you decide to access any third-party websites linked to this Website, you do so entirely at your own risk.

Geographic Restrictions

BuildrFi, Inc. is based in the United States. The Website is intended for use only by persons located in the United States. Access from outside the U.S. may be subject to local laws, for which you are responsible.

Disclaimer of Warranties

You are responsible for implementing anti-virus measures and maintaining backups. BuildrFi, Inc. is not liable for technological damages, including from malware or DDoS attacks. The Website is provided "as is" without warranties, and BuildrFi, Inc. does not guarantee its accuracy, reliability, or error-free operation.

Limitation on Liability

BuildrFi, Inc. and its affiliates shall not be liable for damages arising from your use or inability to use the Website, including any content or services therein.Indemnification. You agree to defend and indemnify BuildrFi, Inc. against claims arising from your violation of these Terms of Use or your use of the Website.

Governing Law and Jurisdiction

Disputes relating to these Terms of Use or the Website will be governed by Florida's laws and will be litigated exclusively in Florida or Delaware courts.

Arbitration

Any disputes between you and BuildrFi, Inc. may, at BuildrFi, Inc.'s discretion, be settled through mandatory binding arbitration. This arbitration will be held in the city where BuildrFi, Inc.'s principal office is located.

Limitation on Time to File Claims

You must file any claims related to these Terms of Use or the Website within one year of the cause of action accruing.

Waiver and Severability

Any waiver by BuildrFi, Inc. of a term or condition of these Terms of Use is not a continuing waiver. Invalid provisions will be revised to reflect the parties' intentions.

Entire Agreement

These Terms of Use, along with BuildrFi, Inc.'s Privacy Policy and any applicable Commercial Agreements, are the full agreement between you and BuildrFi, Inc. regarding the Website.

Your Comments and Concerns

BuildrFi, Inc. is located at 650 NE 2nd Ave Miami, FL 33132. Please direct feedback and inquiries to: support@buildrfi.com